…vacates restricting order On state’s PDP Excos<\/p>\n
The Federal High Court, Ado-Ekiti has ordered the Economic and Financial
\nCrimes Commission and the Zenith Bank plc to show cause why an Order
\nExparte to defreeze Governor Ayodele Fayose’s accounts, filed yesterday to
\nthe court by the governor’s legal team, should not be granted.<\/p>\n
The judge gave Monday July 4 for the anti-graft agency and Zenith bank Plc
\nto appear in court with the said evidence.<\/p>\n
Mr Mike Ozekhome (SAN), had through an exparte order deposed to on the
\n24th of June, 2016 by Bimpe Olatemiju sought a mandatory order de-freezing
\nthe accounts belonging and operated by him pending the determination of
\nhis interlocutory application.<\/p>\n
Joined in the suit are the EFCC (1st defendant) and Zenith bank (2nd
\ndefendant). The order was supported by 18-paragraph affidavit , a lone
\nExhibit, which was a letter issued to Governor Fayose by Zenith bank
\nconfirming that the EFCC actually placed a restriction order on the
\naccounts and a written address .<\/p>\n
He also sought the leave of the court for the service of the originating
\nsummons on the defendants in\u00a0 their various addresses outside the
\njurisdiction of the court as contained on the order papers, supported by
\n17-paragraph affidavit.<\/p>\n
Ozekhome said the order was brought pursuant to order 26 rule 8(1) of the
\nFederal High Court Civil Procedure Rule 2009 and Section 44(1) of the 1999
\nconstitution which gives the court the discretionary powers to adjudicate
\non such matter.<\/p>\n
Citing the case of Abdulaziz Nyako Vs EFCC to buttress his position that
\nthe anti-graft agency has no power to freeze Fayose\u2019s account without
\nvalid court order, Ozekhome added the action was a flagrant negation of
\nthe Section 308 of the constitution, which conferred absolute immunity on
\nthe government against civil and criminal procedure.<\/p>\n
He said it was appalling that the EFCC could play ostrich to these valid
\nconstitutional requirements and took cognizance of the African Charters on
\nHuman and People\u2019s Rights before taking the punitive stand against Fayose,
\nadding that these infractions had rendered the action unconstitutional,
\nwrongful , null and void .<\/p>\n
Delivering his ruling, Justice Taiwo Taiwo, said that he quite understood
\nthat the applicant (Fayose) enjoys immunity and that the court can
\nadjudicate on this matter as canvassed by the counsel to the plaintiff,
\nbut he pointed out that the relief he basically sought was a mandatory
\norder of the court.<\/p>\n
\u201cI quite agree that the applicant has immunity pursuant to provisions of
\nthe constitution, but it is glaring that the application he is requesting
\nfor is a mandatory order to undo what had already been done and the court
\ncan\u2019t abdicate its duty under this circumstance.<\/p>\n
\u201cI am of the opinion that this mandatory order is better granted with the
\ninterlocutory order being sought through an application pending before the
\ncourt , because the applicant has filed all papers to this effect.<\/p>\n
\u201cI hereby ordered the 1st and 2nd respondents to appear before this
\nhonourable court on July 4, 2016 and show cause why the order should be
\nrefused.<\/p>\n
\u201cThis is not a refusal of the order, I have not refused it, but I only put
\nit in abeyance which I said without prejudice to what will be the position
\nof the respondents .<\/p>\n
\u201cBut a leave is granted for the service of the defendants with the
\noriginating summons in their respective addresses as contained on the
\norder papers\u201d, the Judge ruled.<\/p>\n
Describing the presiding judge as very at home with the law and a highly
\nexperience lawyer, Ozekhome said told newsmen that: “our motion was an
\nexparte for the de-freezing and removal of restriction placed on citizen
\nAyodele Fayose ‘s two accounts with the Zenith Bank Plc.<\/p>\n
\u201cThe bank claimed through a letter made available to our client that it
\nacted on the instructions of the EFCC and we are here by way of
\noriginating summons to say that the EFCC has no powers, whether under the
\nEFCC Act, money laundering Act, under the constitution or any other known
\nlaw to freeze the accounts of a sitting governor who enjoys immunity under
\nsection 308 of the Constitution of Federal Republic of Nigeria, 1999as
\naltered because that section makes it clear that for the time that person
\nis in that office, the President, Vice-President, Governor and
\nDeputy-Governor he enjoys absolute immunity from any civil or criminal
\nprocedure and that no court process can issue against such person.<\/p>\n
\u201cSo, EFCC could not have obtained an order Exparte to freeze his account,
\nif they did that, it is illegal, null and void. It could also not have
\nfrozen his accounts without having an order Exparte, ” he said.<\/p>\n
Asked what would be the the legal team’s next step should the EFCC fails
\nto honour the court’s order on Monday, July 4, Ozekhome said the
\ngovernment agency cannot dare a Federal High Court’s order.<\/p>\n
In a related development, the same court today, vacated an Order of
\nExparte sought by the factional Ekiti State chapter of the Peoples’
\nDemocratic Party (PDP) allegedly loyal to Senator Buruji Kashamu
\nrestricting the executives of the party in Ekiti, loyal to governor
\nFayose, from parading themselves as authentic Excos of the party.<\/p>\n","protected":false},"excerpt":{"rendered":"
…vacates restricting order On state’s PDP Excos The Federal High Court, Ado-Ekiti has ordered the Economic and Financial Crimes Commission and the Zenith Bank plc to show cause why an…<\/p>\n","protected":false},"author":1,"featured_media":50771,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-50770","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n